Dismissed security guard suing St. Francis University

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December 1, 2009

By SANDRA K. REABUCK The Tribune-Democrat Tue Dec 01, 2009, 11:12 PM EST

EBENSBURG — A woman who formerly worked as a security officer at St. Francis University in Loretto is suing the school in county court.

Debra Deering, of Flinton, alleges in the lawsuit that she was wrongfully dismissed because of her medical condition and her complaints about sexual harassment on the job.

Deering is pursuing the lawsuit in county court even though her complaint to the Pennsylvania Human Relations Commission was dismissed in January, said her attorney, David Axinn of Hollidaysburg.

The university’s general counsel, Johnstown attorney Dennis McGlynn, said the school has not been served with a copy of the lawsuit and it would be inappropriate to comment on litigation.

Deering, who was hired in October 2002 and later promoted to sergeant, has neurologic symptoms that manifest as multiple sclerosis, affecting her ability to hear, walk, stand or sit for extended periods of time, according to the lawsuit.

In 2006, the university made adjustments in her working conditions, including only day shifts without being the sole officer on duty, to allow her to continue on the job, Axinn said.

Deering continued to work until February 2008, when she went on disability leave when her medical condition worsened, allegedly because of stress associated with sexual harassment on the job, her attorney said.

Deering was cleared by her doctor to return to work in May 2008, Axinn said. It is alleged she then was informed by the university that it would no longer be able to accommodate her and did not have a position for her with the restrictions set by her doctor.

As a result of her unemployment, Deering has suffered loss of wages and benefits, and mental anguish and distress, Axinn said.

Deering is able to perform her job with a reasonable accommodation for her disability, Axinn said. It has only been since she complained about the alleged sexual harassment that the university has refused to continue the accommodation, he said.

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